Gregory C. Miglino, Jr., as of Gregory C. Miglino, Sr. v. Bally Total Fitness of Greater New York, Inc.

Summary

The New York Court of Appeals held that General Business Law § 627-a does not create a statutory duty for health clubs to use an AED on members, and affirmed that the complaint sufficiently alleged a common‑law negligence claim against Bally because its employee assumed a duty by assisting the decedent. The dissent argued the statute should impose such a duty.